Minutes of the regular meeting held on Wednesday September 13, 2006 of the Brant Town Board at 7:30 PM, with CDBG Public Hearing and Public Hearing for Proposed LL#4 & Proposed LL#5, at the Brant Town Hall, at 1294 Brant-North Collins Rd, Brant, New York.
There were present:
Councilman John Arrigo/Deputy Supervisor
Councilman Jeffrey W. Gier
Councilwoman Roseann Turner
Recording Secretary: Town Clerk Thea A. Ells
Absent:
Supervisor Leonard K. Pero
Councilman John J. Chiavetta
Attorney William J. Trask Sr.
Also present were:
Martin & Carolyn Rosiek, Family Farm David Hock, Police Chief
Charles Arrigo, resident Joseph Gardyjan, Planning Board Chair.
James Kellogg, resident Bill Wesp, Dep. Hwy. Super.
Michele Browning, Supervisor Secretary Joe Giambrone, Hwy Superintendent
Brian Kauzala, resident Phil Pericak, Planning Board member
Michael & Barbara Daniel, Daniel Auto Sales Tom Banzer, Brant Auto Sales
David & Christine Gierlinger, Property owners Brian Campbell, The Sun
Janet Bowman, Assessors Clerk Tim Dobson, Brant Auto Parts
Lee & Jean Brunelli, resident Joseph & Jane Reynolds, Reynolds Auto Sales
1) PLEDGE TO THE FLAG
At 7:30 PM a pledge to the flag was led by Councilman John Arrigo, and the meeting was called to order.
2) APPROVAL OF MINUTES
On a motion from Councilman Gier, seconded by Councilwoman Turner, the following motion was
Ayes 3 Arrigo, Gier, Turner
Nays 0
ADOPTED: THE AUGUST 8TH TOWN BOARD MINUTES BE ACCEPTED
3) MONTHLY REPORTS
On a motion from Councilwoman Turner, seconded by Councilman Gier, the following motion was
Ayes 3 Arrigo, Gier, Turner,
Nays 0
ADOPTED: THE SUPERVISORS JULY 2006 FINANCIAL REPORT BE ACCEPTED
On a motion from Councilman Gier, seconded by Councilwoman Turner the following motion was
Ayes 3 Arrigo, Gier, Turner
Nays 0
Ayes 3 Arrigo, Gier, Turner
Nays 0
On a motion from Councilwoman Turner, seconded by Councilman Gier, the following motion was
Ayes 3 Arrigo, Gier, Turner
Nays 0
ADOPTED: THE AUGUST CODE ENFORCEMENT OFFICER’S REPORT BE ACCEPTED AS READ BY COUNCILMAN ARRIGO
On a motion from Councilwoman Turner, seconded by Councilman Gier, the following motion was
Ayes 3 Arrigo, Gier, Turner
Nays 0
ADOPTED: THE AUGUST DOG CONTROL OFFICERS REPORT BE ACCEPTED AS READ BY COUNCILMAN GIER.
On a motion from Councilwoman Gier, seconded by Councilwoman Turner, the following motion was:
Ayes 3 Arrigo, Gier, Turner
Nays 0
ADOPTED: THE POLICE CHIEF’S AUGUST REPORT BE ACCEPTED AS READ BY CHIEF DAVE HOCK
On a motion from Councilman Gier, seconded by Councilwoman Turner, the following motion was:
Ayes 3 Arrigo, Gier, Turner
Nays 0
ADOPTED: THE AUGUST TOWN CLERKS REPORT BE ACCEPTED AS REVIEWED BY THEA ELLS
On a motion from Councilwoman Turner, seconded by Councilman Gier, the following motion was:
Ayes 3 Arrigo, Gier, Turner
Nays 0
ADOPTED: THE AUGUST PLANNING BOARD REPORT BE ACCEPTED AS REVIEWED BY JOSEPH GARDYJAN
Clerks note: All Department Reports are attached in Minute Book; financial reports are filed in respective offices.
OLD BUSINESS:
Councilman Arrigo reported that he and C. Gier reviewed the plans with Glen Colley and all seemed in order – the plans will be sent to the EC Planning for approval. The final plans included new sidewalks, new lights, panel box, and a clock tower.
The Town purchased the land adjacent to the park.
The Town received bids for the water extension on Surfside Drive, this extension was in the original water district plans but was not completed. The bids will be forwarded to E & M Engineers for approval and the Board will have a public hearing in the near future.
New Business
1. Budget Modification
On a motion from Councilman Gier, seconded by Councilwoman Turner the following BUDGET MODIFICAITON RESOLUTION 091306-#24 for the period ending July 31st, 2006 was approved:
3 AYES- 0 NAYS:
Councilman Jeffrey Gier Voting Aye
Councilwoman Turner Voting Aye
Councilman Arrigo Voting Aye
To increase the 2006 Estimated Revenues and Appropriations Budget and the related revenue and expenditure accts per the Erie Cty PB Grant recd.
| Budget Modifications Recommended as of July 31st, 2006. |
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Budget | Dec From/ | Appropriation |
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Modifications | (Inc) To | Code | Description |
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$ 593.00 | increase | A510 | Estimated Revenues |
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$ (593.00) | increase | A960 | Appropriations |
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$ 593.00 | increase | A2089.1 | Erie Cty PB Grant-Recreation Equipment |
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$ (593.00) | increase | A7020.41 | Recreation Admin-Contr Expend Grant |
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$ 80.00 | from | A1990.4 | Contingent Account |
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$ (80.00) | to | A1660.4 | Central Storeroom-Contr Expend |
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$ 904.00 | from | A1990.4 | Contingent Account |
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2. Set Date – Tentative Budget & date for Dept Heads
Councilman Arrigo announced that the Tentative Budget Presentation is set for Thursday October 5th at 7:00 PM with the Town Board workshop to follow. Department heads are to present their budget requests on Tuesday September 19th starting at 7:00 PM.
Thea Ells reported that the Towns’ departments have complied, Brant Fire co. is almost
done and Farnham has quite a few to do yet. Certification letter will go in this week as EC Emergency Services stated they had to have by September 15th.
On a motion from Councilman Arrigo, seconded by Councilwoman Gier the following RESOLUTION 091306-#25 All Hazard Mitigation Plan was approved:
3 AYES- 0 NAYS:
Councilman Arrigo Voting Aye
Councilman Jeffrey Gier Voting Aye
Councilwoman Turner Voting Aye
WHEREAS, the Town of Brant, with the assistance from Erie County Emergency Services, has gathered information and prepared the All Hazard Mitigation Plan and
WHEREAS, the All Hazard Mitigation Plan has been prepared in accordance with the Disaster Mitigation Act of 2000; and
WHEREAS, the Town of Brant is a local unit of government that has afforded the citizens an opportunity to comment and provide input in the Plan and the actions in the Plan; and
WHEREAS the Brant Town Board has reviewed the Plan and affirms that the Plan will be updated no less than every five years;
NOW THEREFORE, BE IT RESOLVED by the Brant Town Board that the Town of Brant adopts the All Hazard Mitigation Plan as this jurisdiction’s All Hazard Mitigation Plan, and resolves to execute the actions in the Plan.
5. Highway Laborer
On a motion from Councilman Gier, and seconded by Councilwoman Turner the following was
Ayes 3 Arrigo, Gier, Turner
Nays 0
ADOPTED: TO CHANGE HIGHWAY LABORER MARK REYNOLDS FROM SALARY TO HOURLY @ 10.60 AN HOUR
On a motion from Councilman Gier, and seconded by Councilwoman Turner the following was
Ayes 3 Arrigo, Gier, Turner
Nays 0
ADOPTED: TO ACCEPT THE CURRENT PLAN FOR THE CDBG MEMORIAL PARK PROJECT AND TO FORWARD TO ERIE COUNTY
Carolyn Rosiek presented to the Board certificates and a plaque from the Erie County Farm Bureau to recognize the Town of Brant’s farsighted action in regards to the 2000 Farmland Protection Plan for Brant, North Collins, and Evans, in 2002 the Comprehensive Land Use Plan , and with the 2004 Right to Farm Law.
MISCELLANEOUS INFORMATION & CORRESPONDENCE
Councilman Arrigo asked for someone to volunteer to attend a meeting at Lake Shore Central School in regard to the program Supervisor Pero was involved with. Councilman Gier will attend.
Councilman Arrigo asked how Primary Day went in regards to Brant, Thea Ells reported that all went okay.
No Councilman reports at this time.
APPROVAL OF ABSTRACT
On a motion from Councilman Gier, and seconded by Councilwoman Turner the following was
Ayes 3 Arrigo, Gier, Turner
Nays 0
General Fund Town wide Vouchers 391-436 Totaling: $20,268.17 | Street lighting Voucher 8 Totaling: $ 1939.49 |
General Fund – Part Town Vouchers 20-24 Totaling: $50,409.84 | Fire Protection Voucher 3-4 Totaling: $ 78,460.72 |
Highway Town wide Vouchers 67-71Totaling: $2,039.28 | Lotus Bay Sewer Dist #1 Voucher Totaling $ |
Highway Part Town Voucher 19-22 Totaling: $4,741.40 Abstract 9 will start w/19 | Brant Farnham Sewer Dist Voucher Totaling: $ |
General Town wide – Payroll Totaling: $33,574.84 General Fund Part town Payroll - $336.86 | Brant Water District: Voucher Totaling: $ |
Highway Payroll Totaling: $6780.90Note for payroll** 8/25/06-9/8/06 payroll |
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Councilman Arrigo opened the ACKNOWLEDGEMENT OF VISITORS if anyone present had any questions or concerns.
Martin Rosiek expressed his hope that the Brant Town Board is still considering public water to the Town. He questioned if there was still need for another public hearing for the final Memorial Park plans.
James Kellogg questioned why his property, the correspondence and visits from the Code Officer were not included in the Code Officer report. The Board asked if Mr. Kellogg was cited and informed him that there is a plan for a meeting with the independent truckers in the Town.
8:00 PM Public Hearing for Proposed LL #4
On a motion from Councilman Gier, and seconded by Councilwoman Turner the following was
Ayes 3 Arrigo, Gier, Turner
Nays 0
ADOPTED: TO OPEN THE PUBLIC HEARING FOR PROPOSED LOCAL LAW #4
Town Clerk Thea Ells verifies that the following was advertised in the legal paper of the Town of Brant and posted at the Brant Town Hall, Farnham Village Hall, and local post offices.
Pursuant to a resolution of the Town Board of the Town of Brant, New York, NOTICE IS HEREBY GIVEN of the following PUBLIC HEARINGS to be held by the Brant Town Board in the Town Hall, 1294 Brant-North Collins Road, Brant, New York on the 13th day of September, 2006:
At 8:00 P.M. Local Time for the purpose of considering the adoption of Proposed Local Law No. 4 of 2006, which amends the following provisions of the Zoning Ordinance of the Town of Brant: Section 161-67 (B) (2) relative to conditions which the Town Board may impose on Special Use Permits, Section 161-4 to amend the definition of “Junkyard”, and Section 161-18 (D) (4) relative to Junkyards being permitted in Industrial Zoning Districts by Special Use Permit, and immediately following for the purpose of considering the adoption of Proposed Local Law No. 5 of 2006, which would regulate accumulation of junk on private property in the Town of Brant. Copies of the proposed local law are available for review in the office of the Town Clerk, 1294 Brant-North Collins Road, Brant, New York during regular business hours. All interested parties will be given an opportunity to be heard Dated: August 31, 2006 THEA A. ELLS BRANT TOWN CLERK
Councilman Arrigo read the following: Be it enacted by the Town Board of the Town of Brant as follows:
Section 1:
The last sentence of Section 161-67 (B)(2) of the Town of Brant Code is hereby amended to read:
“In approving an application, the Town Board may impose such restrictions, conditions or modifications as it may determine to be reasonably necessary to protect the health, safety or general welfare of the public.”
Section2:
Amend the current Section 161-18 (D) “Industrial District. Special Permit Uses” to read:
“(4) Junkyard, including automobile Junkyard [except that no junkyard or automobile junkyard shall be a permitted use in that southwestern portion of the Industrial District lying between the two (2) principal railroad tracks].”
Section 3:
Amend definition of “Junkyard” in Section 161-4 to read:
“Any place where any type of junk, waste, and/or discarded or salvaged materials, equipment, machinery or parts of any sort are located, stored, bought, sold, exchanged, sorted, baled, packed, disassembled, handled or abandoned. Includes automobile junkyards as defined in General Municipal Law Section 136.
The term “junkyard” is not intended to include:
Section 4: This law shall take effect upon its filing with the Secretary of State.
Barbara Daniel expressed concern to the Board of the loop hole the law presents for the Town in dealing with used car lot and repair shop owners in regards to the requirements for vehicle inspection readiness. Joseph Reynolds asked the Board why the addition of this law when the State Law already addresses the issues addressed in this proposed law. Martin Rosiek inquired to the Board if the law applied to agricultural land, and reminded them of the Right to Farm Law. Councilman Arrigo answered that farms should abide by the junk yard law also; Gier also agreed that old unusable farm equipment should be disposed of properly. Tom Banzer spoke and expressed that there are separate laws that apply to dealerships, junk dealers, and repair shops.
As everyone had been heard: On a motion from Councilman Gier, and seconded by Councilwoman Turner the following was
Ayes 3 Arrigo, Gier, Turner
Nays 0
ADOPTED: TO CLOSE THE PUBLIC HEARING FOR PROPOSED LOCAL LAW #4
On a motion from Councilman Gier, and seconded by Councilwoman Turner the following was
Ayes 3 Arrigo, Gier, Turner
Nays 0
ADOPTED: TO OPEN THE PUBLIC HEARING FOR PROPOSED LOCAL LAW #5 Councilman Arrigo read excerpts from the following proposed law: Be it enacted by the Town Board of the Town of Brant as follows:
Section 1. Purpose.
The purpose of this chapter is to promote the general health, safety and welfare of the residents of the Town of Brant and to protect the value of real property in the Town of Brant and to promote and perpetuate the attractive appearance of neighborhoods in the community, by requiring proper maintenance of real property within the Town of Brant.
Section 2. Prohibited acts.
2. Such list of examples is not exclusive and is not in limitation of the prohibition contained in this section.
Notwithstanding the foregoing subsection, it shall not be a violation of this law for the owner or occupant of a parcel of real property to have not more than one (1) unregistered and/or unlicensed motor vehicle situated or located on the front yard of said parcel for purposes of re-sale, provided that the title for such motor vehicle must be in the name of such owner or occupant and further provided that such motor vehicle shall be located in a manner that will not obstruct visibility for vehicular traffic traveling on public highways and entering or exiting private driveways.
Section 3. Penalties for offenses.
A violation of this chapter shall be a violation as defined in § 10.00 of the Penal Law of the State of New York and shall be punishable by a fine not to exceed $350 or a sentence of imprisonment not to exceed 15 days, or both.
Section 4. Enforcement.
Martin Rosiek questioned if Agricultural exemption would apply to his farm truck, and farm produce, etc. The Board felt that the farms would be exempt. Rosiek asked that there would be verification of that in the law. Lee Brunelli asked if the law allowed a seasonal vehicle such as a plow truck. Arrigo said yes it allows for that.
On a motion from Councilman Gier, and seconded by Councilwoman Turner the following was
Ayes 3 Arrigo, Gier, Turner
Nays 0
ADOPTED: TO CLOSE THE PUBLIC HEARING FOR PROPOSED LOCAL LAW #5
The Board returned to the Acknowledgement of Visitors: Lee Brunelli asked that the Board enforce the law in regards to when to place refuse and garbage on the roadside for pick up.
THE ACKNOWLEDGEMENT OF VISITORS WAS CLOSED.
CDBG
On a motion from Councilman Gier, and seconded by Councilwoman Turner the following was
Ayes 3 Arrigo, Gier, Turner
Nays 0
ADOPTED: TO OPEN THE PUBLIC HEARING REGARDING THE USE OF FEDERAL COMMUNITY DEVELOPMENT FUNDS IN THE TOWN OF BRANT
Town Clerk Thea Ells verifies that the following notice was placed in the local paper and posted also: THE TOWN OF BRANT will hold a public hearing on Wednesday September 13, 2006 at 8:30PM at the Brant Town Hall, 1294 Brant North Collins Rd., Brant, New York, regarding the use of Federal Community Development funds in the Town of Brant. THE TOWN OF BRANT is eligible for a Federal Community Development grant under Title I of the Housing and Community Development Act of 1974, as amended. THE PURPOSE OF the hearing is to provide an opportunity for Citizens to express Community development and housing needs and to discuss possible projects which would benefit low and moderate income persons in the Town of Brant. CITIZENS ARE URGED to attend this meeting to make known their views and/ or written proposals on the Town of Brant’s selection of potential projects to be submitted for possible funding by the Federal Community Development Grant Program. THE HEARING WILL also present a review of prior Community Development projects and expenditures and a discussion of eligible activities. The meeting room is wheelchair accessible. Those needing special arrangements should call the Town of Brant at(716) 549-0282.By order of the Brant Town Board Thea A. Ells, Brant Town Clerk Dated August 9, 2006
Martin Rosiek stated that the Town of Brant should as usual support Rural Transit and suggested that the Board consider a feasibility study for a New Town Hall. Lee Brunelli thanked the Board for consideration of supporting Rural Transit. Councilman Arrigo asked for more ideas and if any one has suggestions to please notify a Board member.
A motion from Councilwoman Turner, and seconded by Councilman Gier the following was
Ayes 3 Arrigo, Gier, Turner
Nays 0
ADOPTED: TO CLOSE THE PUBLIC HEARING FOR CDBG
A motion from Councilman Gier, and seconded by Councilwoman Turner the following was
Ayes 3 Arrigo, Gier, Turner
Nays 0
ADOPTED: TO RETIRE TO EXECUTIVE SESSION TO DISCUSS PERSONNEL MATTERS WITH CHIEF DAVE HOCK
A motion from Councilman Gier, and seconded by Councilwoman Turner the following was
Ayes 3 Arrigo, Gier, Turner
Nays 0
ADOPTED: TO CLOSE THE EXECUTIVE SESSION
A motion from Councilman Gier, and seconded by Councilwoman Turner the following was
Ayes 3 Arrigo, Gier, Turner
Nays 0
ADOPTED: TO ADVERTISE FOR BIDS FOR THE MEMORIAL PARK PROJECT SIDEWALK, ELECTRIC, AND CLOCK WITH THE ERIE COUNTY APPROVAL AND E & M.
On a motion from Councilwoman Turner, and seconded by Councilman Gier the following was
Ayes 3 Arrigo, Gier, Turner
Nays 0
ADOPTED: TO ADJOURN THE SEPTEMBER TOWN BOARD MEETING AT 9:10 PM
Thea A. Ells
Brant Town Clerk